FACT-FINDING REPORT FACT-FINDER: STEVEN M. BIERIG EMPLOYER ...

FACT-FINDING REPORT

FACT-FINDER: STEVEN M. BIERIG EMPLOYER REPRESENTATIVE: JOSEPH MORIARTY

UNION REPRESENTATIVE: ROBERT BLOCH

IN THE MATTER OF THE FACT-FINDING BETWEEN:

THE CHICAGO BOARD OF EDUCATION

AND

THE CHICAGO TEACHERS UNION, LOCAL 1, AMERICAN FEDERATION OF TEACHERS, AFL-CIO

ISSUES:

? WAGES ? STEPS AND LANES ? PENSION PICK-UP ? HEALTH CARE ? TERM OF AGREEMENT

ARB. NO. 16-77

Before: The Fact-Finding Panel:

Steven M. Bierig, Fact-Finder and Neutral Chair Joseph Moriarty, Employer Member Robert Bloch, Union Member

APPEARANCES:

For the CTU: Robert Bloch Dowd, Bloch, Bennett, Cervone, Auerbach and Yokich

For the CPS: James C. Franczek, Jr. Franczek, Radelet

Dates of Hearings: March 23-24, 2016

Location of Hearings: Franczek Radelet 300 S. Wacker 34th Floor Chicago, IL

Pre-Hearing Briefs Filed: March 18, 2016

Date of Recommendation: April 16, 2016

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RECOMMENDATION:

For reasons stated in this Report, the Fact-Finder recommends that the following terms from the Board's January 29, 2016 Comprehensive Contract Proposal be incorporated into the July 1, 2015 June 30, 2019 Collective Bargaining Agreement between the parties:

? Wages:

Wage Schedule for

July 1, 2015 - June 30, 2019 Contract

Date

% Increase

July 1, 2015

0.00%

July 1, 2016

2.75%

July 1, 2017

3.00%

July 1, 2018

1.00%

January 1, 2019

2.00%

TOTAL INCREASE = 8.75%

? Steps and Lanes

Steps and Lanes

July 1, 2015 - June 30, 2019 Contract

Date

Steps and Lanes

July 1, 2015

No

July 1, 2016

Yes

July 1, 2017

Yes

July 1, 2018

Yes

? Pension Pick-up

Pension Pick-up

July 1, 2015 - June 30, 2019 Contract

Date

Board Pension Pick-up

July 1, 2015

7.00%

July 1, 2016

3.50%

July 1, 2017

0.00%

July 1, 2018

0.00%

? Health Care The Fact-Finder recommends that the Board's Health Care proposal be accepted.

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? Term of Agreement

The Fact-Finder recommends that the term of the Agreement shall be four years: July 1, 2015 through June 30, 2019.

The Fact-Finder further recommends that in addition to the above-mentioned issues, the remainder of the Board's Comprehensive Contract Proposal of January 29, 2016, which was transmitted to the Big Bargaining Team, be incorporated into the 2015 - 2019 Collective Bargaining Agreement.

Steven

Digitally signed by Steven Bierig DN: cn=Steven Bierig, o=Steven

M. Bierig Attorney Arbitrator

Bierig

Mediator, ou, email=arb438@, c=US Date: 2016.04.16 13:45:49 -05'00'

________________________

Steven M. Bierig, Fact-Finder

April 16, 2016

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I.

INTRODUCTION

The Fact-Finding Hearings took place on March 23 and 24, 2016 at the Offices of Franczek Radelet,

located at 300 S. Wacker Drive, Suite 3400, in Chicago, Illinois. The Hearings commenced at

9:00 a.m. on March 23 and at 10:00 a.m. on March 24, 2016. The Hearings took place before the

undersigned Fact-Finder who was selected to issue a Fact-Finding Recommendation in this matter. At

the Hearings, the parties were afforded a full opportunity to present such evidence and arguments as

desired, including examination and cross-examination of all witnesses. No transcript of the Hearings

was prepared, but the Fact-Finder did record the Hearings for his own use, with the understanding that

said recording would be destroyed at the time of the submission of the Recommendation to the parties.

The Hearings concluded at approximately 4:15 p.m. on March 24, 2016, at which time the evidentiary

portion of the Fact-Finding was declared closed. The parties filed Pre-Hearing Briefs on or about March

18, 2016. The parties filed Final Offers on March 10, 2016. The parties stipulated to the Fact-Finder's

jurisdiction and authority to issue a Recommendation in this matter.

II. RELEVANT STATUTORY LANGUAGE Section 12(a-10)(4) of the Illinois Employment Labor Relations Act:

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Under Section 12(a-10)(4) the fact-finding panel, acting by a majority of its members, must base its findings and recommendations upon the following criteria, as applicable:

(A) the lawful authority of the employer;

(B) the federal and State statutes or local ordinances and resolutions applicable to the employer;

(C) prior collective bargaining agreements and the bargaining history between the parties;

(D) stipulations of the parties;

(E) the interests and welfare of the public and the students and families served by the employer;

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(F) the employer's financial ability to fund the proposals based on existing available resources, provided that such ability is not predicated on an assumption that lines of credit or reserve funds are available or that the employer may or will receive or develop new sources of revenue or increase existing sources of revenue; (G) the impact of any economic adjustments on the employer's ability to pursue its educational mission; (H) the present and future general economic conditions in the locality and State; (I) a comparison of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of employees performing similar services in public education in the 10 largest U.S. cities; (J) the average consumer prices in urban areas for goods and services, which is commonly known as the cost of living; (K) the overall compensation presently received by the employees involved in the dispute, including direct wage compensation; vacations, holidays, and other excused time; insurance and pensions; medical and hospitalization benefits; the continuity and stability of employment and all other benefits received; and how each party's proposed compensation structure supports the educational goals of the district; (L) changes in any of the circumstances listed in items (A) through (K) of this paragraph (4) during the fact-finding proceedings; (M) the effect that any term the parties are at impasse on has or may have on the overall educational environment, learning conditions, and working conditions with the school district; and (N) the effect that any term the parties are at impasse on has or may have in promoting the public policy of this State. 115 ILCS 5/12(a-10)(4)

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